https://www.taxtmi.com/caselaws?id=289691 Preventive detention under the Maintenance of Internal Security Act remains subject to judicial review where the grounds are alleged to be mala fide, mechanical, or based on irrelevant material. A prior criminal discharge does not automatically preclude detention on the same facts, but it is a relevant circumstance, particularly if the discharge reflects lack of sufficient material. On the facts noted, the explanation that railway witnesses feared to testify was considered too tenuous, and the absence of an affidavit from the District Magistrate undermined the record of subjective satisfaction. The detention order was therefore treated as lacking proper application of mind and was invalid. en-us Wed, 22 Jan 1975 00:00:00 +0530 Fri, 14 Aug 2020 15:10:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289691 Preventive detention under the Maintenance of Internal Security Act remains subject to judicial review where the grounds are alleged to be mala fide, mechanical, or based on irrelevant material. A prior criminal discharge does not automatically preclude detention on the same facts, but it is a relevant circumstance, particularly if the discharge reflects lack of sufficient material. On the facts noted, the explanation that railway witnesses feared to testify was considered too tenuous, and the absence of an affidavit from the District Magistrate undermined the record of subjective satisfaction. The detention order was therefore treated as lacking proper application of mind and was invalid. Case-Laws Indian Laws Wed, 22 Jan 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289691